1. Intro

– The following terms and conditions regulate the provision of the commercial intermediation service provided by Rushnet s.r.l., P.IVA 11194740962, based in Milan (MI), 20123, via Vincenzo Monti n.8 in the person of its legal representative Andrea Musmeci, born in Segrate (MI) on 08/07/1994, in function of the Cheflivery project, of which Rushnet s.r.l. holds the ownership of the brand;
– Rushnet S.r.l. is a company that deals with Digital Marketing, in particular Social Media Marketing, SEO & SEM, Photo and Video Making, Branding and Web Development;
– Cheflivery is a project created and conceived by Rushnet s.r.l. whose purpose is to allow the User to book, through the web platform, catering services of an occasional nature at home performed by participating Chefs;
– Rushnet s.r.l. thus operates as a third party and intermediary that allows the meeting between the service provider, the Chef, and its user, the User;
– Chef and User who use the services offered by the Web Platform declare that they know and accept the following Terms and Conditions

2. Use of the web platform

The premises are an integral part of the following terms and conditions of use of the service.
Rushnet s.r.l., by means of the web platform Cheflivery.it makes available the reservation of the services referred to in the premises, subject to the adherence of Chef and User to the terms and conditions of the service.

In order to purchase any of the offered services, the User must be of legal age and provide truthfully and completely any data that may be requested by the web platform and declares acceptance of these Terms.
The use of the Platform implies the express and full acceptance of these General Terms and Conditions as well as the consequent obligation for each Chef and User to comply with them.

All general terms and conditions of the Platform shall be deemed to refer to and be binding on the Chef and User who make use of and/or in any way access the same.

The Chef represents and warrants that it has at its disposal any license and/or authorization by law, the means, knowledge, organization, organizational capacity, including in terms of material and technical resources, necessary to ensure the effective performance of the services requested by the User and in the manner agreed with the latter, ensuring also, in any case, the capacity and expertise of the personnel and third parties it deems to use.

The Chef expressly authorizes Rushnet to create on the web platform a personalized presentation sheet containing the details referred to the professional, the content of which will however be shared and agreed upon in advance between the parties.

The Chef is responsible at all times for the accuracy, completeness and correctness and truthfulness of the information provided by it to Rushnet s.r.l. and/or entered on the web platform.
The Chef authorizes Rushnet S.r.l. to use and publish for commercial purposes all informational and photographic and video material related to him/herself, through any means most useful for the purpose, and which will be sent by him/her to Rushnet, issuing a release of its use for promotional purposes.
Chef understands and agrees that the brokering service provided by Rushnet in no way guarantees that Users will choose and opt for the services he offers.

3. Fee and method of purchase

In order to use the Services, the User is required to contact Rushnet s.r.l. through the web platform by means of a valid personal e-mail address, or possibly by any means made available by the platform, providing their data in order to request the availability of the service offered for a given date, the number of people who will use the service, any allergies of the participants, as well as any more useful information for its proper execution.

Rushnet s.r.l., after checking availability, will then contact the Chef or Catering among those adhering and indicated in the platform, which will then formulate a menu proposal to Rushnet, which in turn will propose it to the User.
The total purchase price of the individual service offered, will be determined in the menu proposal, and will consist of what is necessary to perform the service, including the price of groceries in addition to any rental of tableware. The User shall pay Rushnet s.r.l. a down payment corresponding to the fee for brokering the service offered. To this effect, the User undertakes to notify Rushnet s.r.l. by email or through any other means more useful for the purpose of acceptance of the Chef’s proposal no later than seven days before the execution of the service.

Similarly, having carried out the intermediation by Rushnet s.r.l., the service, at the request of the User and subject to agreement with the Chef, may also take place by means of home delivery of the dishes referred to in the agreed menu. In this case, the price of the service, including the deposit to be paid to Rushnet s.r.l. within the terms set forth in the preceding paragraph, shall include the cost of home delivery.


The service may be performed no earlier than seven days from the acceptance of the menu proposal formulated by the Chef, and therefore the User is advised to choose the date on which he/she would like the service to be performed sufficiently in advance to enable the service to be performed within the above time limit.

The User, by making a reservation through the web platform sends a purchase proposal for the chosen services.
From the receipt of the communication by which the User confirms to Rushnet the acceptance of the proposal in the chosen terms, Rushnet, after verification with the Chef about the content of the communication, will send a further communication, through any means most useful for the purpose, to the User indicating the amount, methods and terms of payment, and the User undertakes to pay the amount due no later than 48 hours after receipt of the email. The remaining balance must be paid directly to Chef in the manner and terms indicated by Chef.

Similarly, having carried out the intermediation by Rushnet s.r.l., the service, at the request of the User and subject to agreement with the Chef, may also take place by means of home delivery of the dishes set forth in the agreed menu. In this case, the price of the service, including the deposit to be paid to Rushnet s.r.l. under the terms set forth in the preceding paragraph, will include the cost of home delivery.


The service can be carried out no earlier than seven days after the acceptance of the menu proposal formulated by the Chef, and therefore the User is advised to choose the date on which he/she wishes the service to be carried out sufficiently in advance to enable it to be carried out within the above deadline.
The User, by making a reservation through the web platform, sends a purchase proposal for the chosen services.
From the receipt of the communication by which the User confirms to Rushnet the acceptance of the proposal in the chosen terms, Rushnet, after verification with the Chef of the content of the communication, will send a further communication, through any means most useful for the purpose, to the User indicating the amount, terms and methods of payment, and the User agrees to pay the amount due no later than 48 hours after receipt of the email. The balance shall be paid directly to Chef in the manner and terms specified by Chef.

4. Voucher

The web platform offers the User the opportunity to purchase gift vouchers of different values, expendable to book the service offered by the Chef in favor of another User or otherwise third parties.
The User, having selected the voucher and the amount in euros to be given as a gift, can then enter the name of the beneficiary and enter a dedication, if any, by filling in the form on the platform.
Once the payment is made, the voucher will be sent directly to the email that will be entered by the buyer, in the form field of the gift voucher purchase page.
The gift voucher is valid for 12 months from the date of its purchase, and can be used until the credit is exhausted to book the service offered by the Chef through the web platform.
Should the amount of the voucher be less than the price of the chosen service, the beneficiary, when making the reservation, will be required to pay the difference.
Should any credit remain at the natural expiration of the voucher, i.e. within 12 months from the date of purchase of the voucher, it will no longer be usable and will not be reimbursed in any way by Rushnet.

However, the beneficiary is advised to book the service at least seven days in advance.
In the event of any cancellation of the service, booked via voucher, by the Chef, the amount withheld for the reservation may be used to book another service performed by another Chef, and this until the voucher expires.
The beneficiary has the right to withdraw from the reservation made via voucher within 15 days prior to the event without charge, and what has been paid will not be refunded, but retained and kept for the next 30 days, a period in which the beneficiary, under penalty of the final loss of the amount paid, can book a new experience through the web platform.

If the withdrawal occurs in a period of less than 30 days, but still more than 15 days, prior to the event, the beneficiary will permanently lose the total value of the reservation made, which Rushnet. s.r.l. therefore will retain as a penalty.
If the withdrawal occurs in a term equal to or less than 15 days before the event, the beneficiary will lose the part of the value of the voucher used for the reservation made, which Rushnet. s.r.l. therefore will retain as a penalty.

In the event that the holder of the voucher wishes to change the holder, this can be done at an additional charge of 50% of the value of the same voucher, which in any case is valid for 12 months.

The Chef declares that he/she accepts and adheres to the policy regarding gift vouchers and expressly recognizes the ways and terms of validity, for the effect he/she acknowledges that the voucher is valid for 12 months from the issuance and therefore expressly undertakes to fulfill the request about their use in the aforementioned term, and this regardless of any termination of the contractual relationship with Rushnet s.r.l., for whatever cause it may occur, and whose effects have occurred after the issuance of the vouchers.

5. Cancellation of the service

The User has the right to withdraw from the reservation made within the 15-day period prior to the service chosen and offered by Chef or Catering, and the deposit paid will be retained and kept for the next 3 months by Rushnet s.r.l, during which time the User may book a new service, again through the web platform, with each Chef.
However, the Chef expressly agrees that if the User withdraws in a period of more than 15 days prior to the service chosen and offered by the Chef, the latter may not, however, demand fulfillment.
Upon the expiration of 3 months without the User having booked a new service, Rushnet s.r.l. shall retain the entire down payment as a penalty.

Should the cancellation occur in a period of less than 15 days, the User will permanently lose the down payment, which Rushnet s.r.l. will therefore retain as a penalty. In any case, the total amount agreed for the reservation must be paid as a penalty to Rushnet Srl as the balance of the reservation even if the service is not carried out.

The remainder in addition to the down payment must be paid no later than 5 days from the date of cancellation of the service, and in any case no later than the date on which the booked service should have been held.

In case of timely cancellation of the reservation, Rushnet s.r.l. reserves the right to propose to the User an alternative Chef with equivalent characteristics.
On the other hand, the Chef who has cancelled the reservation with a notice of less than 7 days from the chosen date, to be communicated in writing to Rushnet s.r.l, shall respond with the payment of a penalty in favor of Rushnet s.r.l agreed upon herein and expressly accepted equal to 100% of the amount that the Chef should have received from the User and therefore 100% of the price present in the web platform.

Rushnet s.r.l. shall in any case not be liable for cancellation of the event due to force majeure and neither party shall be entitled to claim any refund.

6. Reviews
Where provided for by the Web Platform, the User may write and publish a review or comment that refers exclusively to the service offered by Chef, and this also through Cheflivery’s communication channels.The rules of the Platform related to the review are aimed at establishing business relationships based on fairness, good faith, diligence, trust and mutual respect.

 
However, Rushnet s.r.l. reserves the right not to publish or remove the User’s review if it contains insults or vulgarity, meaningless sequences of words, an infringement of intellectual property rights of third parties, advertising, spam or references to other products or services, personal information or elements that may lead to identity theft (e.g. first and last name of persons who are not public figures, telephone number, mailing address or an e-mail address) on any online and offline communication tools of Rushnet s.r.l.
In any case, the web platform cannot be used for illegal, illegitimate or fraudulent purposes, to convey inaccurate, illegal or privacy-infringing content.

7. Limitations of Liability.

To the extent permitted by law, Rushnet s.r.l. excludes all warranties, express or implied, and liability, contractual or non-contractual in nature, for damages or losses arising from the use of the web platform
Rushnet s.r.l. acts as an intermediary between the Chef and the User and expressly specifies that the Chef is responsible for the proper provision of the service to the User, not providing Rushnet s.r.l. any guarantee or promise as to the quality and proper functioning of the services and cannot in any way be responsible for the failure or inaccurate provision of the service offered by the Chef.

 
Therefore, the User acknowledges and agrees that Rushnet s.r.l. makes no warranty of any kind, express or implied, as to merchantability, compatibility or fitness for a particular purpose or as to whether the service offered by Chef meets the User’s requirements and needs.
Responsibility for any failure to perform the services rests solely with Chef.

The Chef acknowledges and agrees that Rushnet s.r.l. makes no guarantees regarding the actual number of reservations obtained through the platform, regardless of the service chosen.Rushnet s.r.l. is in no way responsible for any damage that the User or service users may cause Chef during the period of service provision. Therefore, Rushnet s.r.l. remains absolutely extraneous to the User-Chef relationship, not being liable in any case for any damage resulting from it. Excluding cases of willful misconduct or gross negligence, Rushnet s.r.l. shall not be liable for any damages to the Chef whose services are directly or indirectly made available, offered or advertised on or through the web platform, including (partial) cancellations, overbooking, strikes, force majeure or any other event beyond the control of Rushnet s.r.l.

Should it be necessary and/or expected, the Chef authorizes Rushnet S.r.l. to use and publish all informational and photographic material related to the Chef and that will be sent by the same, including that which may already be present on its institutional website, issuing a release to its use for the purposes set forth in the commercial promotion agreement, certifies, guarantees and declares that it owns the copyright on the photos/images, and agrees that Rushnet s. r.l. may use the photos/images on its website (including mobile) and apps, in promotional materials and publications both online and offline, in the manner it deems appropriate for the performance of the service.
Rushnet s.r.l. shall not be held liable for any direct and/or indirect damage resulting from the use of the service or from the interruption of the operation of the service as well as for any software and hardware errors or inherent in the reliability of any information obtained through it.
Rushnet s.r.l shall not be held liable for the User’s failure to notify the Chef of any food intolerances/allergies of the User and/or an individual in the User’s company. It shall promptly notify Chef prior to the date of performance of the agreed service.

Rushnet s.r.l shall not be held liable for any non-compliance by User and/or Chef about the protocols and regulations regarding the epidemiological situation from Covid-19 on the day the service is performed.
Rushnet s.r.l in any case shall not be liable for any administrative non-compliance and in particular for the absence of any license required by law for the provision of the service attributable to the Chef and offered by the latter, which for the effect shall be responsible and liable in its own right directly to the User.
Rushnet s.r.l., therefore, has no controlling functions, nor is it active in the same area of competence as Chef, disclaiming – both towards the User and Chef, who expressly accept this limitation of liability – any liability arising from or related to the relationship between the User and Chef given the fact that the Company remains entirely extraneous to this relationship.
In addition, Rushnet s.r.l. cannot verify the truthfulness and accuracy of the services and offers posted, or the ability of Chef to provide the services indicated and perform the services in the manner indicated, nor can it ensure that the User or Chef will be able to complete the transaction.

It follows that the choice of the offer by the User, like the choice of the Chef, are made in complete autonomy with the consequent assumption of all responsibility by the latter, and this also with reference to the verification that the services rendered by the Chef have been performed as specified in the offer.
Therefore, Rushnet s.r.l., with regard to the performance of services requested/offered through the platform, is in no way a contractual party, interposed and/or implied and/or indirect, of Users and/or third parties, with the direct consequence that it has no role in the obligatory and/or contractual relationship (as well as in the related responsibilities) that is established exclusively between User and Chef; it does not carry out any control, nor does it assume any responsibility regarding the quality, safety, lawfulness and correctness of the performance of the services offered by Chef.

To that effect, Rushnet s.r.l. assumes no responsibility and, consequently, cannot be held liable with regard to any profile of the offers and services made through the platform, and, therefore, merely by way of example, and not exhaustively, the ability and professionalism of the Chef in providing the services indicated or to carry them out in the manner agreed with the User as well as with regard to the full satisfaction of the User’s needs and expectations with reference to the results obtained from the use of the service by the User; the failure and/or inexact performance of the service rendered to the User by Chef, including with regard to any defects or discrepancies that have arisen as a result of the conclusion of the same; any pecuniary or non-pecuniary damages that the User and/or third parties may suffer as a result of the non-performance or inexact performance of the service by Chef, who shall therefore be solely liable, for any reason whatsoever, to the User and/or third parties; the non-payment or delayed or incomplete payment by the User of the fees due in relation to the services provided by Chef; the veracity of the information and data, including personal data, possibly entered by Users and/or Chefs; any infringement of third party rights, including infringement of patents, trademarks, secrets, copyrights or other industrial and/or intellectual property rights,or non-compliance with any legal regulations applicable to the transactions carried out through the Platform and any pecuniary or non-pecuniary damage suffered by Users or third parties in connection with any activity related to the use of the Platform.

Rushnet s.r.l. assumes no responsibility for content created or published on third-party sites with which the Platform has a hyperlink (“link”). Rushnet s.r.l. does not control such links and is not responsible for their content or their use. The presence of links on the Platform does not imply any acceptance by Rushnet s.r.l. of the material posted on such websites or any other relationship between the Company and the operators of such websites. The User who decides to visit a website linked to the Platform does so at his/her own risk, assuming the burden of taking all necessary measures against viruses or other malware
It is the obligation of the User to communicate any intolerances and/or allergies of each participant in the event to Rushnet and/or the Chef in a timely manner and in any case not later than the booking, thus assuming the User who books any liability that is directly or indirectly related and that arises from such omission or miscommunication.
By accepting these General Terms and Conditions, the User agrees to indemnify and hold harmless Rushnet s.r.l., as well as the exponents of the aforementioned, from any claim and/or demand and/or exception and/or claim for compensation, including legal fees, caused and/or arising from the registration on the platform by the User as well as from the violation of these General Terms and Conditions or the violation of any applicable laws and regulations or third party rights.

8. Interruption of Services

Access to the platform may be temporarily interrupted in case of technical problems or to ensure the maintenance of the same platform. Notice of such interruptions will be given, if possible.

At any time Rushnet s.r.l. may make improvements and/or changes to the platform if this becomes necessary for technical reasons or in order to comply with current regulations. Finally, Rushnet s.r.l. reserves the right to cease, in whole or in part, the provision of Services at any time and with reasonable notice in order to allow the performance of Services still in progress. In such cases, the Company will give timely notice by e-mail and by notice on the Platform.

9. Intellectual Property Rights

Rushnet s.r.l. exclusively owns all right, title and interest in and to all intellectual property rights concerning the graphic appearance and general interface (including infrastructure) of the web platform through which the service is made available.

Rushnet s.r.l. does not authorize copying, deriving, linking, publishing, promoting, integrating, using, combining, or in any other way using the content (including translations and guest reviews) or the ChefLivery brand in the absence of express written approval.
In the event that any person uses or combines (in part or in whole) the contents of the web platform (including guest judgments and translations) or otherwise takes possession of any intellectual property rights in the platform or any content (or translation), that person shall assign, transfer, and fully assign such intellectual property rights to Rushnet s.r.l.

 
Any use not in accordance with the law or any of the above actions or conduct shall constitute a material infringement of intellectual property rights (including copyright and database protection rights).

Rushnet s.r.l. will proceed to process the User’s personal data in compliance with the current privacy legislation as defined in detail in the information on the processing of personal data, “Privacy Policy”, available in the respective section of the Platform.

10. Applicable Law and Jurisdiction

All disputes regarding the performance, interpretation and validity of these terms and conditions are subject to the law, state jurisdiction and exclusive jurisdiction of the court of Milan, where the exclusive consumer forum does not apply.

11. Communications

Any communication pertaining to this contract or in relation to the same shall be sent by registered letter and/or by pec rushnetsrl@pec.it and/or by email to the addresses indicated by the parties in the platform

12. Final conditions

Any tolerance of conduct put in place, by one or all of the parties, in violation of the provisions contained in the terms and conditions of use does not constitute a waiver of the rights arising from the violated provisions nor the right to demand the exact fulfillment of the obligations and compliance with all the terms and conditions provided.

In the event of the invalidity or/and ineffectiveness, in whole or in part, of any provision or clause that is not essential in nature, the parties agree to negotiate and agree, in good faith, for such provisions or clauses to be replaced with others, valid and effective, that have substantially the same effect with respect to the subject matter and purposes of the contract.